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DEPARTMENT OF INSURANCE

Office of the Commissioner

Statutory Authority: 18 Delaware Code, Sections 311 and 3359A(c) (18 Del.C. §§311 & 3359A(c))

GENERAL NOTICE

PUBLIC NOTICE OF EXTENDED COMMENT PERIOD

1411 Registration of Pharmacy Benefits Managers

Summary

The Commissioner of the Delaware Department of Insurance is extending until June 1, 2020, the comment period for proposed new Regulation 1411 Registration of Pharmacy Benefits Managers. Notice of the proposed new regulation was published in the April 1, 2020 Register of Regulations at 23 DE Reg. 834 (04/01/2020).

As described in the proposal, proposed new Regulation 1411 implements 18 Del.C. §3353A, which requires all pharmacy benefit managers (PBMs) to register with the Insurance Commissioner before providing PBM services in Delaware to a “purchaser,” and to annually register thereafter if the PBM wishes to continue to provide those services. A “purchaser” is an insurance company, health service corporation, health maintenance organization, managed care organization, and any other entity that: (1) provides prescription drug coverage or benefits in Delaware, and (2) enters into agreement with a pharmacy benefits manager for the provision of pharmacy benefits management services.

Public Comment

The Department does not plan to hold a public hearing on proposed new Regulation 1411. The proposed new regulation may be viewed in the Register of Regulations at 23 DE Reg. 834 (04/01/2020) and on the Department of Insurance website at http://insurance.delaware.gov/information/proposedregs/.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendments to the regulation. Any written submission in response to this notice and relevant to the proposed amendments must be received by the Department of Insurance no later than 4:30 p.m. EST, the 1st day, June 2020. Any such requests should be directed to:

Leslie W. Ledogar, Regulatory Specialist

Delaware Department of Insurance

ATTN: Docket 4255-2020

1351 West North St., Ste. 101

Dover, DE 19904

(302) 674-7379

Email: Leslie.Ledogar@delaware.gov

23 DE Reg. 947 (05/01/20) (Gen. Notice)
 
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